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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

CFR Citation: 14 CFR Part 39

Docket ID: [Docket No. 2002-NM-205-AD; Amendment 39-13229; AD 2003-14-10]

RIN ID: RIN 2120-AA64

NOTICE: RULES

ACTION: Airworthiness directives:

DOCUMENT ACTION: Final rule; request for comments.

SUBJECT CATEGORY: Airworthiness Directives; Boeing Model 767-200 and -300 Series Airplanes

DATES: Effective August 4, 2003.

The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of August 4, 2003.

Comments for inclusion in the Rules Docket must be received on or before September 16, 2003.

DOCUMENT SUMMARY: This amendment adopts a new airworthiness directive (AD), applicable to certain Boeing Model 767200 and 300 series airplanes. This action requires modification of the wire bundles of the video control center (VCC) of the passenger address and entertainment system, and an operational test if necessary. This action is necessary to prevent chafing of the wire bundles of the VCC against the rudder and/ or elevator control cables, which could result in arcing of the wires in the wire bundles and severing of the cables. Severed cables, if combined with an engineout during takeoff, or a high crosswind during takeoff or landing, could result in reduced controllability of the airplane. This action is intended to address the identified unsafe condition.

SUMMARY: Boeing,

SUPPLEMENTAL INFORMATION

During post-delivery modifications of certain Boeing Model 767200 and 300 series airplanes, the
manufacturer found that the rudder cables and the First Officer's elevator control cables may come in contact with the video control center (VCC) wires, which could result in possible chafing and subsequent arcing of the wires in the wire bundles and severing of the cables. Severed cables, if combined with an engineout during takeoff, or a high crosswind during takeoff or landing, could result in reduced controllability of the airplane.

Explanation of Relevant Service Information

We have reviewed and approved the following Boeing alert service bulletins:
Service bulletin Revision level Date Model 76723A0147, including Appendix A... Original............... April 6, 2000.......... 767300 76723A0154......................... Original............... March 15, 2001......... 767300 76723A0155, including Appendix A... Original............... March 29, 2001......... 767300 76723A0156, including Appendix A... Original............... April 19, 2001......... 767200, 300 76723A0157......................... Original............... May 3, 2001............ 767300 These service bulletins describe procedures for modification of the wire bundles of the VCC of the passenger address and entertainment system. The modification includes, but is not limited to, installation of a wiring shroud and associated hardware between the VCC master control unit wiring and the flight control cables; rerouting of the VCC wire bundles above the flight control pulley box; and replacement of existing clamps with new clamps; as applicable. Service bulletins 76723A0154 and 76723A0157 also describe procedures for an operational test after accomplishment of the modification. Accomplishment of the actions specified in the applicable service bulletin is intended to adequately address the identified unsafe condition.

Explanation of Requirements of the Rule

Since an unsafe condition has been identified that is likely to exist or develop on other airplanes of the same type design that may be registered in the United States at some time in the future, this AD is being issued to prevent chafing of the wire bundles of the VCC against the rudder and/or elevator control cables, which could result in arcing of the wires in the wire bundles and severing of the cables. Severed cables, if combined with an engineout during takeoff, or a high crosswind during takeoff or landing, could result in reduced controllability of the airplane. This AD requires modification of the wire bundles of the VCC of the passenger address and entertainment system. The actions are required to be accomplished in accordance with the applicable service bulletin described previously, except as discussed below.
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Difference Between the Service Bulletins and This AD

Although the service bulletins recommend accomplishing the specified actions at the earliest maintenance opportunity when manpower and materials are available, we have determined that such an imprecise compliance time would not address the identified unsafe condition in a timely manner. In developing an appropriate compliance time for this AD, we considered not only the manufacturer's recommendation, but the degree of urgency associated with addressing the subject unsafe condition, the average utilization of the affected fleet, and the time necessary to perform the modification (2 work hours). In light of all of these factors, we find a 6month compliance time for completing the required actions to be warranted, in that it represents an appropriate interval of time allowable for affected airplanes to continue to operate without compromising safety.

Changes to 14 CFR Part 39/Effect on the AD

On July 10, 2002, the FAA issued a new version of 14 CFR part 39 (67 FR 47997, July 22, 2002), which governs the FAA's airworthiness directives system. The regulation now includes material that relates to altered products, special flight permits, and alternative methods of compliance. Because we have now included this material in part 39, we no longer need to include it in each individual AD; however, this AD identifies the office authorized to approve alternative methods of compliance.

Revised Labor Rate

We have reviewed the figures we have used over the past several years to calculate AD costs to operators. To account for various inflationary costs in the airline industry, we find it necessary to increase the labor rate used in these calculations from $60 per work hour to $65 per work hour. The cost impact information, below, has been revised to reflect this increase in the specified hourly labor rate. Cost Impact

None of the airplanes affected by this action are on the U.S. Register. All airplanes included in the applicability of this rule currently are operated by nonU.S. operators under foreign registry; therefore, they are not directly affected by this AD action. However, the FAA considers that this rule is necessary to ensure that the unsafe condition is addressed in the event that any of these subject airplanes are imported and placed on the U.S. Register in the future.

Should an affected airplane be imported and placed on the U.S. Register in the future, it would require approximately 2 work hours to accomplish the required modification, at an average labor rate of $65 per work hour. Parts cost would be between $64 and $915 per airplane. Based on these figures, the cost impact of the modification required by this AD would be between $194 and $1,045 per airplane.

Determination of Rule's Effective Date

Since this AD action does not affect any airplane that is currently on the U.S. register, it has no adverse economic impact and imposes no additional burden on any person. Therefore, prior notice and public procedures hereon are unnecessary and the amendment may be made effective in less than 30 days after publication in the Federal Register.

Comments Invited

Although this action is in the form of a final rule and was not preceded by notice and opportunity for public comment, comments are invited on this rule. Interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. Communications shall identify the Rules Docket number and be submitted in triplicate to the address specified under the caption ADDRESSES. All communications received on or before the closing date for comments will be considered, and this rule may be amended in light of the comments received. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether additional rulemaking action would be needed.

Submit comments using the following format:
[sbull] Organize comments issuebyissue. For example, discuss a request to change the compliance time and a request to change the service bulletin reference as two separate issues.
[sbull] For each issue, state what specific change to the AD is being requested.
[sbull] Include justification (e.g., reasons or data) for each request.

Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report that summarizes each FAApublic contact concerned with the substance of this AD will be filed in the Rules Docket.

Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this rule must submit a selfaddressed, stamped postcard on which the following statement is made: ``Comments to Docket Number 2002NM205AD.'' The postcard will be date stamped and returned to the commenter.

Regulatory Impact

The regulations adopted herein will not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132.

For the reasons discussed above, I certify that this action: (1) Is not a ``significant regulatory action'' under Executive Order 12866; (2) is not a ``significant rule'' under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from the Rules Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new airworthiness directive:
20031410 Boeing: Amendment 3913229. Docket 2002NM205AD.

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Applicability: This AD applies to the airplanes listed in Table 1 of this AD, certificated in any category:
Table 1.Applicability
Model As listed in
767200, 300 series airplanes.... Boeing Alert Service Bulletin 767 23A0156, dated April 19, 2001. 767300 series airplanes.......... Boeing Alert Service Bulletins 767 23A0147, dated April 6, 2000; 767 23A0154, dated March 15, 2001; 767 23A0155, dated March 29, 2001; and 76723A0157, dated May 3, 2001.

Compliance: Required as indicated, unless accomplished previously.

To prevent chafing of the wire bundles of the video control center (VCC) against the rudder and/or elevator control cables, accomplish the following:
Modification
(a) Within 6 months after the effective date of this AD: Modify the wire bundles of the VCC of the passenger address and
entertainment system, and do an operational test if applicable, per the Accomplishment Instructions of the applicable Boeing alert service bulletin listed in Table 2 of this AD, as follows:
Table 2.Service Bulletins Model Service bulletin Revision level Date 767300........................... 76723A0147, including Original............. April 6, 2000. Appendix A.
767300........................... 76723A0154............... Original............. March 15, 2001. 767300........................... 76723A0155, including Original............. March 29, 2001. Appendix A.
767200, 300..................... 76723A0156, including Original............. April 300 19, 2001. Appendix A.
767300........................... 76723A0157............... Original............. May 3, 2001. Alternative Methods of Compliance
(b) In accordance with 14 CFR 39.19, the Manager, Seattle Aircraft Certification Office, FAA, is authorized to approve alternative methods of compliance for this AD.
Incorporation by Reference
(c) The actions shall be done in accordance with the applicable Boeing alert service bulletin listed in Table 3 of this AD, as follows:
Table 3.Service Bulletins
Service bulletin Date 76723A0147, including Appendix A...... April 6, 2000.
76723A0154............................ March 15, 2001.
76723A0155, including Appendix A...... March 29, 2001.
76723A0156, including Appendix A...... April 19, 2001.
76723A0157............................ May 3, 2001.
This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, Washington 981242207. Copies may be inspected at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. Effective Date
(d) This amendment becomes effective on August 4, 2003.

Issued in Renton, Washington, on July 7, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 0317693 Filed 71703; 8:45 am]
BILLING CODE 491013P

FOR FURTHER INFORMATION CONTACT Barbara Mudrovich, Aerospace Engineer, Systems and Equipment Branch, ANM130S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055 4056; telephone (425) 9176477; fax (425) 9176590.